Presentation

2026 MLD 255 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 142, 144(2)(a) & 145 (1)Election Rules, 2017, R.145Election petitionPresentationWord "complete"Scope

Applicant / returned candidate sought dismissal of petition on the ground that it was non-compliant with mandatory provisions of Ss.142(2)(a) & 144(2) of Elections Act, 2017 wherein complete list of witnesses had not been annexed

Validity

Term 'complete' must be construed in a practical and purposive manner

Petitioner provided names of all witnesses, private as well as official

Even if affidavits of some of the witnesses were missing or particulars in respect of few others contained clerical errors, overall compliance was substantial

Law did not prescribe automatic rejection of election petition for such lapses inasmuch as the petitioner could elect not to rely on any of the listed witnesses whether his affidavit was available or not

List of witnesses and their respective affidavits were duly annexed with the petition

Witnesses were individually named and their affidavits clearly disclosed nature and scope of their proposed deposition

Any minor typographic discrepancy, such as inconsistency in parentage of witnesses or CNICs, could not obstruct identification of witnesses or understanding of their proposed evidence

Official witnesses were named, along with clear reference to the polling stations where irregularities occurred in the main petition

This had constituted sufficient justification for the purposes of R.145 or Election Rules, 2017, which was procedural and had not been listed under S.145(1) of Elections Act, 2017 as one of the provisions, breach whereof would result in summary rejection of petition

Purpose of R.145 (1) of Elections Rules, 2017 was to control irrelevant summoning of official witnesses and not to bar the petition itself

Election Tribunal held that election petition was competently presented under S.142 of Elections Act, 2017 and list of witnesses substantially satisfied S.144(2)(a) of Elections Act, 2017

Reference to official witnesses fulfilled requirement of R.145 of Election Rules, 2017 and if any objection was to be pressed to the extent of summoning of official witnesses that could be decided when stage of summoning of said witnesses would reach

Application was dismissed, in circumstances.

1960 PLD 619 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Presentation

Proceeding wrongly "presented"-Proper party subsequently appearing and pursuing proceeding-Proceedings deemed to be "sufficiently presented".